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How an embattled energy storage project in Acton, California, is threatening faster federal permits.
One hour north of Los Angeles, the small town of Acton is experiencing a battery energy storage buildout — and quickly becoming the must-watch frontline in the backlash against lithium-ion energy storage systems. The flashpoint: wildfires.
Like many parts of California, Acton has hot summers with heavy winds, putting it at elevated risk of the kind blaze that makes national headlines. Battery storage fires, while rare, are a unique threat, with relatively little data available about them to help regulators or the public understand the risk. People in Acton wondered: Would they really be safe if a wildfire engulfed a battery storage site, or if a battery failure sparked a new conflagration?
When L.A. County blessed the first battery energy storage system project in Acton last year, developers and local fire officials said they were doing everything in their power to ensure the batteries would meet safety standards. Residents were far from convinced.
“This will turn our community into industrial hell and it’ll erase us from the face of the Earth,” Jacqueline Ayer, a member of Acton’s town council, told me. Ayer is helping lead the local fight against the projects.
I’ve now spent more than a month researching the fight in Acton. In the process, I’ve learned how much — or little — we know about when battery energy storage and wildfires mix. We’ll get to that later in this story. To be honest, debunking battery fire risk wasn’t why I spent a month on Acton. It was what happened when the fears took hold.
Feeling they’d been failed by both the regulatory approval process and the court system, the Acton project’s opponents turned to their representative in Washington, House Republican Mike Garcia. Though Garcia can’t do anything to stop this particular project, he can severely hinder future ones: As Heatmap can exclusively report, after lobbying from Acton, Garcia inserted language into the annual funding bill for the Department of Energy that would block it from implementing a new rule designed to expedite permits for federally funded battery projects.
“What we’re hoping is that [with Garcia] being at the federal level, he’ll shed some light to the people at the top,” said Ruthie Brock of the activist group Acton Takes Action, “because if the top becomes informed, it’ll trickle down to local governments.”
This is why the Acton fight is so important — it demonstrates the risk of failing to obtain community buy-in, which can ricochet in ways no one intended. The political and media environments are quick to sensationalize the downsides of renewable energy, creating a tinderbox atmosphere in which small local fights can quickly become national ones.
On some level, a fight over battery fires going national was inevitable. Across the country, from New York to Washington state, communities are revolting against battery energy storage sites coming to their backyards. Often, those opposed cite the feared threat of fires or explosions.
Fires in battery energy storage systems, a.k.a. BESS, are quite rare. According to what data is available, the number of fires has stayed relatively flat even as deployment has grown drastically. There were fewer than 10 failure events in the U.S. in 2023, and there have been even fewer so far this year.
But when a fire does happen, experts say it can be quite difficult to put out. In some cases, there’s nothing a community can do other than let the blaze run.
“There’s a lack of consensus. There’s a lot of experts out there providing guidance, and that’s something we’re trying to work on with training throughout the country,” Victoria Hutchinson, an engineer with the Fire Protection Research Foundation, told me. “[It’ll] instill some fear in the meantime we figure out the best approach.”
Information on BESS and wildfires is even less available. Guillermo Rein, a professor of fire science and the editor-in-chief of the journal Fire Technology, told me the matter has not really been studied.
“When I say [BESS are] new, I mean really new,” Rein said. “We hardly know how it works when it gets [on] fire and we don’t have many technologies that are proven to work. We have technologies that we wish will work, but proven technologies that work are very rare. That means we have a new hazard we are struggling to understand and in the meantime, we don’t know how to protect against it.”
Los Angeles County approved Acton’s first battery storage system — Humidor, a 300 megawatt project by Hecate Energy — last summer through an expedited “ministerial” process, the local equivalent of a “categorical exclusion” under the National Environmental Policy Act. Ministerial reviews and categorical exclusions are used by regulators to skip the drawn out process of an environmental review because they can reasonably predict a lack of significant impact. Joseph Horvath, a spokesperson for L.A. County Planning, gave me a statement defending the approval and stating BESS projects must meet all local and state zoning and fire codes to receive a ministerial approval.
California had identified the Acton community back in 2021 as a potential site for energy storage to protect against future power shut offs. Acton made sense because it’s close to the SoCal Edison Vincent substation, making it well positioned to connect to the grid. There was also a real sense of urgency: To achieve its goal of 100% carbon-free electricity by 2045, the state estimates it will need to install a projected 52,000 megawatts or more of battery storage. Humidor is the first of what appears to be multiple projects being planned for the area, including two more Hecate facilities according to materials on the company’s website.
Convinced that a battery boom could mix poorly with extreme fire risk, and that the county moved far too fast to approve Humidor, Acton residents sued. The county, they argued, had little reason to conclude the facility would have an insignificant impact on the environment — so few BESS projects have been approved that the county used the standards from a different kind of project — an electrical substation — to draw that conclusion. L.A. County Planning told me they chose this comparison for reasons including the “purpose of BESS and its connection to the larger network for distributive purposes.”
Rein told me that at least when it comes to the fire risk, this isn’t an accurate comparison, and that there’s not actually enough data to claim such a facility would have an insignificant impact. “I would put great efforts into making sure this facility is safe,” he said. “They can’t just say, I met the regulation, I did enough. Because it’s a new hazard.”
Many of those in Acton opposed to the project believe the approval was rushed, and claim that little information was made available to the public as it was going through the county’s process. Furious residents have told county planners that the Acton town council was not notified in advance that an approval was on its way. They testified before the county board of supervisors that Hecate held only a single public meeting to discuss what it intended to build, with little notice given to potentially concerned citizens.
In my experience as a journalist reporting on large energy projects with serious community impacts, transparency is key to getting local buy-in to build a project. For years I covered the mining industry, where innumerable decades of toxic waste spills and labor scandals have forced companies to really innovate and spend serious dough on obtaining “social license to operate,” a term developers and investors use to describe acceptance to a company’s business practices.
This, of course, differs from the YIMBY school of thought that companies and governments should eschew frustrated municipalities to pursue the overriding net good of climate action. There are certainly merits to this argument, especially when it comes to communities that won’t take yes for an answer, and we’ll be exploring case studies supporting that view in future editions of The Fight.
I’m on the fence about whether Acton is one of those cases, though. Ayer, an environmental engineer by trade, told me she supports decarbonization and wants to see climate action happen. She just wants to feel assured the technology is safe.
If it wasn’t a lithium-ion battery storage facility “I would feel comfortable,” she said. “We will shoulder some of the weight. But it isn’t right that we shoulder all of the weight.”
When I tried to talk to Hecate about Acton’s wildfire concerns and how the company had engaged with the community, a company spokesperson, Bobby Howard, declined to make anyone available for an interview citing “ongoing litigation related to the subject.” Howard provided a factbook that said only that Humidor would “meet or exceed” local and state fire codes — without specifying which codes — and detailed some of the outreach the company did, including the public meeting as well as mailers to “thousands of individuals throughout the greater Los Angeles area, including civically engaged individuals throughout Acton.”
Howard declined to answer questions requesting more information about the company’s public outreach and wildfire planning. He did tell the Los Angeles Times earlier this year that Humidor would have “seismic bracing, safety zones around the perimeter, substantial setbacks from parcel boundaries, gravel breaks and a masonry wall around the facility.”
Stanford University senior research scholar and legal energy expert Michael Wara explained to me that in cases like these, having buy-in from the community is important to avoiding litigation and social blowback. “That is losing,” Wara said. “You have not served your client if you end up in litigation.”
“Having a process by which people are informed about a project and have an opportunity to provide input is important for buy-in for all kinds of projects related to the energy transition if you want to build in a democratic society,” he said. “Is it really the fire risk the community is concerned about?”
When it comes to the Acton battery fight, it’s the fears of fire that scare me the most, not the fire itself.
I sought reasons to be optimistic about putting battery energy storage in areas like Acton that are prone to wildfire because, well, California is essentially one big fire risk zone. James Campbell, a wildfire policy expert at the Federation of American Scientists, told me that battery energy storage decreases net wildfire risk compared to gas storage tanks and pipelines. “If we consider the whole-climate trade-offs, battery systems are much safer,” he said.
On its end, Hecate claimed in a letter to the L.A. County Board of Supervisors that a BESS fire has never traveled off-site, and that because the fires are fueled by flammable gasses, there is minimal risk of embers traveling elsewhere and igniting grass or bushes. The company pointed me to this letter when I reached out for comment.
“Nothing about fire risk mitigation is about certainty. It’s more, risk mitigation and fire is kind of like wearing a seatbelt,” Wara told me. “If you’re going 120 miles an hour down the highway and you get in a high-speed collision, your seatbelt will not save you. [But] there’s rapid advances in how these systems work.”
In the end, he added, meeting California’s carbon emissions targets will “probably mean building somewhere that there is non-trivial wildfire risk.”
What’s happening to offshore wind should be a cautionary tale for developers considering whether sinking time and money into community relations is really worth it: Last year, coastal fishermen and beach town mayors in New Jersey joined forces with fossil fuel funding and right-wing agitators to foment a conspiracy-infused campaign against offshore wind that has truly rattled the future of the industry.
Part of that offshore wind backlash grew out of New Jersey Republicans in Congress using the pulpit of their offices and filing amendments to legislation. As Garcia takes up Acton’s cause, I do wonder whether battery energy storage might be next. November’s election makes it less likely his language hindering expedited approvals for BESS projects will make it into the final funding bill, and Garcia’s office did not respond to requests to discuss its prospects.
But regardless, it’s an ember that could become a fire of its own.
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Today’s conversation is with Chris Moyer of Echo Communications, a D.C.-based communications firm that focuses on defending zero- and low-carbon energy and federal investments in climate action. Moyer, a veteran communications adviser who previously worked on Capitol Hill, has some hot takes as of late about how he believes industry and political leaders have in his view failed to properly rebut attacks on solar and wind energy, in addition to the Inflation Reduction Act. On Tuesday he sent an email blast out to his listserv – which I am on – that boldly declared: “The Wind Industry’s Strategy is Failing.”
Of course after getting that email, it shouldn’t surprise readers of The Fight to hear I had to understand what he meant by that, and share it with all of you. So here goes. The following conversation has been abridged and lightly edited for clarity.
What are you referencing when you say, ‘the wind industry’s strategy is failing’?
Anyone in the climate space, in the clean energy space, the worst thing you can do is go silent and pretend that this is just going to go away. Even if it’s the president and the administration delivering the attacks, I think there’s an important strategy that’s been lacking in the wind and other sectors that I don’t think has been effective. There was a recent E&E News story that noted a couple of wind developers when asked for comment just say, “No comment.” This to me misses a really big opportunity to not get in a fight with people but talk about the benefits of wind.
Not taking advantage of milestones like ground breaking or construction starting is a missed opportunity to drive public opinion. If you lose support in public opinion, you’re going to lose support from public officials, because they largely follow public opinion.
And there’s no way that’s going to change if you don’t take the opportunities to talk about the benefits that wind can provide, in terms of good-paying local jobs or supplying more electrons to the grid. By almost any measure the strategy employed so far has not really worked.
Okay, but what is the wind industry strategy that isn’t working? What are they doing to rebut attacks on the technology, on property values, on the environment?
We’re not hearing them. We’re not hearing those arguments.
You can’t let criticisms go unanswered.It would better serve the industry and these companies to push back against criticisms. It’s not like you can’t anticipate what they are. And what do you have to lose? You’re in the worst position of any energy sector in this political moment. It would be nice to see some fight and sharp campaign skills and strategic effort in terms of communication. And there’s no strategic value from what I can tell in [being silent].
I understand not wanting to pick a fight with folks who hold your fate in their hands, but there’s a way to thread a needle that isn’t antagonizing anybody but also making sure the facts have been heard. And that’s been missing.
You’d specifically said the industry should stop ‘being paralyzed in fear and start going on offense.’ What does that look like to you?
Taking every opportunity to get your message out there. The lowest hanging fruit is when a reporter comes and asks you, What do you think about this criticism? You should definitely reply. It’s lifting up third-party voices that are benefiting from a specific project, talking about the economic impacts more broadly, talking about the benefits to the grid.
There’s a whole number of tools in the toolbox to put to use but the toolboxes remain shut thus far. Targeted paid media, elevating the different voices and communities that are going to resonate with different legislators, and certainly the facts are helpful. Also having materials prepared, like validators and frequently asked questions and answers.
You’re trying to win. You’re trying to get your project to be successful and deliver jobs and tax revenue. And I think it would be wise for companies to look at the playbooks of electoral campaigns, because there’s lots of tools that campaigns use.
How do renewable energy developers get around the problem of partisanship? How do you get outta that through a campaign approach?
These projects are decided locally. It’s deciding who the decision-makers are and not just letting opponents who are getting talking points through right-wing media show up and reiterate these talking points. Oftentimes, there’s no one on the pro side even showing up at all, and it makes it really easy for city councils to oppose projects. They’re losing by forfeit. We can’t keep doing that.
And more on this week’s most important conflicts around renewable energy.
1. Chautauqua, New York – More rural New York towns are banning renewable energy.
2. Virginia Beach, Virginia – Dominion Energy’s Coastal Virginia offshore wind project will learn its fate under the Trump administration by this fall, after a federal judge ruled that the Justice Department must come to a decision on how it’ll handle a court challenge against its permits by September.
3. Bedford County, Pennsylvania – Arena Renewables is trying to thread a needle through development in one of the riskiest Pennsylvania counties for development, with an agriculture-fueled opposition risk score of 89.
4. Knox County, Ohio – The Ohio Power Siting Board has given the green light to Open Road Renewables’ much-watched Frasier Solar project.
5. Clay County, Missouri – We’ll find out next week if rural Missouri can still take it easy on a large solar project.
6. Clark County, Nevada – President Trump’s Bureau of Land Management has pushed back the permitting process for EDF Renewables’ Bonanza solar project by at least two months and possibly longer .
7. Klickitat County, Washington – Washington State has now formally overridden local opposition to Cypress Creek’s Carriger solar project after teeing up the decision in May.
It’s governor versus secretary of state, with the fate of the local clean energy industry hanging in the balance.
I’m seeing signs that the fight over a hydrogen project in Wyoming is fracturing the state’s Republican political leadership over wind energy, threatening to trigger a war over the future of the sector in a historically friendly state for development.
At issue is the Pronghorn Clean Energy hydrogen project, proposed in the small town of Glenrock in rural Converse County, which would receive power from one wind farm nearby and another in neighboring Niobrara County. If completed, Pronghorn is expected to produce “green” hydrogen that would be transported to airports for commercial use in jet fuel. It is backed by a consortium of U.S. and international companies including Acconia and Nordex.
One can guess why investors thought this rural Wyoming expanse would be an easier place to build: it’s an energy community situated in the middle of the Powder River Basin and the state’s Republican governor Mark Gordon has supported wind projects in the state publicly, not just with rhetoric but votes in favor of them on the State Board of Land Commissioners.
Wind is also often proposed on private land in Wyoming, which is supposed to make things easier. You may remember the Lucky Star and Twin Rivers wind farms, a pair of projects whose progress I’ve watched like a hawk because they’re tied to the future of wind permitting at the national level. As we first reported, the Trump administration is proceeding with potentially approving the transmission line for Lucky Star, a project that would be sited entirely on private land, and Twin Rivers received its final environmental review in the last days of the Biden administration, making it difficult for anti-wind advocates to curtail.
Unlike those projects, Pronghorn has created a fork in the road for wind in Wyoming. It’s because the people in its host community don’t seem to want it, the wind projects were on state land, and there’s politics at play.
Despite being considered an energy community, Converse and Niobrara are both areas with especially high opposition risk, according to Heatmap Pro, largely due to its low support for renewable energy, its demographics, and concerns about impacts to the local ranching economy. After Gordon and other members of the state land use board approved two wind facilities for the hydrogen project, a rancher living nearby sued the board with public support from the mayor of Glenrock and the area’s legislators in the statehouse. A member of the Converse County zoning board even published a “manifesto” against the project, detailing local concerns that are myriad and rooted in fears of overburden, ranging from water use and property value woes to a general resentment toward an overall rise in wind turbines across the county and state.
What’s probably most concerning to wind supporters is that this local fight is bubbling up into a statewide political fracture between Gordon and his secretary of state Chuck Gray, who is believed to be a future candidate for governor. Grey was the lone dissenting vote against the two wind projects for Pronghorn, saying he did not support the projects because they would be assisted by federal tax credits Trump is trying to gut. Gray then took to mocking the governor on social media for his stance on wind while posting photos of broken wind turbines. Gordon wound up responding to his secretary of state accusing him of being the “only member of the state land board to vote against individual property rights and Wyoming schools.”
“That is his prerogative to be sure, but it demonstrates his disregard for the duties of his office and a determination to impose his personal preferences on others, no matter the cost,” Gordon stated.
I’ve been reaching out to Pronghorn and its founder Paul Martin to try and chat about what’s happening in Wyoming. I haven’t heard back, and if I do I’ll gladly follow this story up, but there’s a sign here of an issue in Wyoming whether Pronghorn gets built or not – areas of Wyoming may be on the verge of a breaking point on wind energy.
I heard about the Pronghorn project in conversations this week with folks who work on wind permitting issues in Wyoming and learned that the Gordon-Gray feud is emblematic of how the wind industry’s growth in the state is making local officials more wary of greenlighting projects. Whether Gordon’s position on private property wins out over Gray taking up the mantle of the anti-wind conservative critic may be the touchstone for the future of local planning decisions, too.
At least, that’s the sense I got talking to Sue Jones, a commissioner in Carbon County, directly southwest of Converse County. Jones admits she personally doesn’t care for wind farms and that it’s “no secret with the county, or the developers.” But so far, she hasn’t voted that way as a commissioner.
“If they meet all our rules and regs, then I’ve voted to give them a permit,” she told me. “You can’t just say no to anything. It’s a good thing that we value private property rights.”
Jones said the problem in Carbon County and other areas of Wyoming is “saturation level.” Areas of the state where only a handful of landowners hold thousands of acres? That’s probably fine for wind projects because there’s a low likelihood of a neighbor or two having a genuine grievance. But as wind has grown into population-denser areas of the state the dissent is becoming more frequent.
My gut feeling is that, as we’ve seen in many other instances, this resentment will bubble up and manifest as sweeping reform – unless the wind industry is able to properly address these growing concerns head on.